S 2138 · 109th Congress 2005–2007, ended

ERPA

Introduced Dec 16, 2005 Originated Senate Sponsor Russell D. Feingold D-WI

Fact sheet

Latest action · Dec 16, 2005 Read twice and referred to the Committee on the Judiciary. (text of measure as introduced: CR S13805-13808)

Progress

Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.

  1. IntroducedDec 16, 2005
  2. Passed SenateNot reached
  3. Passed HouseNot reached
  4. To the PresidentNot reached
  5. Became lawNot reached

Summary

End Racial Profiling Act of 2005 or ERPA - Prohibits any law enforcement agent or agency from engaging in racial profiling. Authorizes the United States or an individual injured by racial profiling to bring a civil action for declaratory or injunctive relief in state court or U.S. district court. Makes proof that the routine or spontaneous investigatory activities of law enforcement agents in a jurisdiction have had a disparate impact on racial, ethnic, or religious minorities prima facie evidence of a violation. Authorizes the court to allow a prevailing plaintiff attorney's fees under specified circumstances.

Directs federal law enforcement agencies to: (1) cease practices that permit racial profiling; and (2) maintain policies and procedures to eliminate racial profiling.

Requires applications for funding under the Byrne or Cops on the Beat program to include a certification that the applicant: (1) maintains adequate policies and procedures designed to eliminate racial profiling; and (2) does not engage in any practices that permit racial profiling.

Requires applicants to establish an administrative complaint procedure or independent auditor program. Directs the Attorney General to carry out a demonstration project to collect data on hit rates for stops and searches.

Authorizes the Attorney General, through the Bureau of Justice Assistance, to make grants to develop and implement best practice devices and systems to eliminate racial profiling.

Directs the Attorney General to report to Congress annually on racial profiling by law enforcement agencies.

Cosponsors 12

Members who signed on, in the order they did. Signatures ran from Dec 16, 2005 to Aug 3, 2006, with 11 there on the day it was introduced.

SeatCosponsorSigned on
D-ILBarack ObamaOriginalDec 16, 2005
D-MDBarbara A. MikulskiOriginalDec 16, 2005
D-CABarbara BoxerOriginalDec 16, 2005
D-CTChristopher J. DoddOriginalDec 16, 2005
D-MIDebbie StabenowOriginalDec 16, 2005
D-MAEdward M. KennedyOriginalDec 16, 2005
D-NJFrank R. LautenbergOriginalDec 16, 2005
D-MAJohn F. KerryOriginalDec 16, 2005
D-NJJon S. CorzineOriginalDec 16, 2005
D-WAMaria CantwellOriginalDec 16, 2005
D-ILRichard J. DurbinOriginalDec 16, 2005
D-NJRobert MenendezAug 3, 2006

Actions 3

Everything that happened, newest first.

  1. Dec 16, 2005Introduced in Senate
  2. Dec 16, 2005Read twice and referred to the Committee on the Judiciary. (text of measure as introduced: CR S13805-13808)
  3. Dec 16, 2005Sponsor introductory remarks on measure. (CR S13804-13805)

Subjects

Assigned by the Library of Congress. Policy area: Crime and Law Enforcement.

Text 1

Each version as it was printed, newest first.

  1. Dec 16, 2005Introduced in Senate

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Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov.